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Appointment of Commission.
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2.—(1) Where the Minister is satisfied, after considering the report of a person appointed under section 20 of the Principal Act, that the affairs of a college are not being managed in an effective manner, the Minister may by order appoint a person or a body of persons, hereinafter referred to as the Commission, to carry out such and so many of the functions of any or all of the governing body, the chairman or the Director or of any of them as the Minister may determine and upon such appointment that body or person shall cease to exercise the functions thereby vested in the Commission.
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(2) A Commission appointed under subsection (1) shall have all such powers as are necessary or expedient for the purpose of carrying out the functions so vested and shall be appointed on such terms and for such period as the Minister decides, provided that in no case shall a Commission be appointed for a period longer than two years.
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(3) Upon the appointment of a Commission the governing body, the chairman and the Director shall be informed of the reasons therefor and that body or person may, within fourteen days from the date of the appointment of the Commission show cause to the Minister why any functions vested in the Commission should not have been so vested and request the Minister to revest those functions in that body or person.
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(4) A Commission in carrying out its functions may consult with and request information concerning the management of the affairs of the college from the governing body, the chairman or the Director, and in any such case that body or person shall provide any such information as is requested.
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(5) The Minister may—
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(a) remove a Commission, or any member thereof, from office, or
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(b) vary the number of persons on the Commission.
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(6) Where a Commission or a member thereof is removed from office within the two year term referred to in subsection (2), or where a member resigns or dies in office the Minister may appoint another Commission or member as appropriate for the remainder of that term.
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(7) Upon the termination of the appointment of a Commission, unless the Minister appoints another Commission, and in any case at the end of two years from the date of the first appointment, the functions vested in the Commission shall revest in the then acting governing body, chairman or Director.
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(8) At any time prior to the termination of the appointment of a Commission, the Minister may by order revest any of the functions to which an order under subsection (1) applies in the body or person to which the order relates.
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(9) The remuneration, if any, of every person appointed under subsection (1) or subsection (6) shall be paid out of moneys provided by the Oireachtas under the Principal Act.
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(10) The Minister shall, by order, appoint a Commission to the Regional Technical College, Letterkenny, County Donegal, within 14 days of the passing of this Act.
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(11) Every order made under subsection (1), other than the order to which subsection (10) relates, shall be laid before each House of the Oireachtas as soon as may be after it is made, and it shall not have effect unless and until a resolution has been passed by each House confirming the order, provided that if either House fails to pass such a resolution within 28 days of the order having been so laid and neither House has passed a resolution annulling the order, the order shall have effect at the end of that period.
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(12) Where an order to which subsection (11) relates takes effect due to the failure of either House to pass a resolution confirming the order, that House may, within the next 21 days during which it has sat after the making of the order, pass a resolution annulling the order and the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
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